Compulsory Purchase (Vesting Declarations) Act 1981

Changes over time for: Section 4

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Point in time view as at 31/01/2024.

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4 Execution of declaration.E+W

(1)The acquiring authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form vesting the land in themselves from the end of such period as may be specified in the declaration (not being less than [F13 months] from the date on which the service of notices required by section 6 below is completed).

[F2(1A)But an acquiring authority may not execute a declaration in respect of land if they have served a notice to treat in respect of that land and have not withdrawn it.

(1B)In subsection (1A) the reference to an authority having “served” a notice does not include cases in which the authority is deemed to have served a notice.]

(2)For the purposes of this Act a certificate by the acquiring authority that the service of notices required by section 6 below was completed on a date specified in the certificate shall be conclusive evidence of the fact so stated.

[F3(3)For the purposes of this Act the “vesting date” in relation to any land that is actually specified in a general vesting declaration is—

(a)the first day after the end of the period specified in the declaration in accordance with subsection (1) above, or

(b)if a counter-notice is served under paragraph 2 of Schedule A1 within that period in relation to land, the day determined as the vesting date for the land in accordance with that Schedule.

(4)For the purposes of this Act, the “vesting date” for any land that is deemed to have been specified in a general vesting declaration by Schedule A1 is the day determined as the vesting date for the land in accordance with that Schedule.]

Textual Amendments

F1Words in s. 4(1) substituted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 184, 216(3); S.I. 2017/75, reg. 3(d) (with reg. 5)

F2S. 4(1A)(1B) inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 185, 216(3); S.I. 2017/75, reg. 3(d) (with reg. 5)

F3S. 4(3)(4) substituted for s. 4(3) (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 18 para. 2; S.I. 2017/75, reg. 3(k) (with reg. 5)

Modifications etc. (not altering text)

C1S. 4 excluded (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 21(b) (with art. 33)

C2S. 4 excluded (26.2.2015) by The Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015 (S.I. 2015/147), arts. 1, 20(1)

C3S. 4 restricted (1.4.2015) by The Knottingley Power Plant Order 2015 (S.I. 2015/680), arts. 1, 20(1)(b) (with Sch. 8 para. 10)

C4S. 4 excluded (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), arts. 1, 16(b)

C5S. 4 excluded (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 27(1)(b) (with arts. 51, 53)

C6S. 4 excluded (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I. 2015/1561), arts. 1, 31(1)(b) (with art. 44)

C7S. 4 excluded (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), arts. 1, 19(1)(b) (with art. 30)